Australian Capital Territory Current Acts

CRIMES (SENTENCING) ACT 2005 - SECT 78

    (1)     The court must not make an intensive correction order for the offender unless the court has considered—

        (a)     a pre-sentence report, if any, prepared for the offender in the proceeding and is satisfied, having considered possible alternatives, that only a term of imprisonment of not more than 4 years is appropriate for the offender; and

        (b)     an intensive correction assessment for the offender.

Note     The court cannot make an intensive correction order if the court sentences the offender to a term of imprisonment of more than 4 years (see s 11).

    (2)     In deciding whether to make an intensive correction order for the offender, the court must consider the following:

        (a)     the intensive correction assessment;

        (b)     any medical report about the offender given to the court;

        (c)     any evidence given by the person who prepared the intensive correction assessment;

        (d)     any evidence given by a corrections officer about the offender.

    (3)     Subsection (2) does not limit the matters that the court may consider.

    (4)     In considering the intensive correction assessment, the court must consider any indicators of unsuitability mentioned in table 46D, column 3 that are stated in the assessment to apply to the offender.

    (5)     The court may make, or decline to make, an intensive correction order for the offender despite—

        (a)     any recommendation in the intensive correction assessment; or

        (b)     any evidence given by the person who prepared the intensive correction assessment or a corrections officer.

    (6)     The court must record reasons for its decision to make, or decline to make, an intensive correction order for the offender if the intensive correction assessment recommends that the offender—

        (a)     is suitable but the court decides not to make an intensive correction order for the offender; or

        (b)     is not suitable but the court decides to make an intensive correction order for the offender.

    (7)     Failure to comply with subsection (6) does not invalidate the intensive correction order.